Many legal discussions about time and deadlines in a personal injury action revolve around filing or answering something too late. Sometimes, an action can be filed too early. If a claim is added too early or too late, the litigation can either be dismissed or derailed. This is seen in a recent car accident case from the Third District Court of Appeal (No. 3D17-1086), which determined a third-party bad-faith action was filed prematurely against the defendant’s insurance company.
The plaintiff sustained an injury as a passenger in a vehicle after another woman struck the car. The defendant driver was insured with a bodily injury policy that provided coverage for $10,000 per person and $20,000 per occurrence. The injured passenger filed suit against the woman within a year of the accident but moved to amend the complaint to include the defendant’s insurer. In the amended complaint, the injured person added a third-party bad-faith claim against the defendant’s insurer.
The insurance company moved to dismiss, arguing the bad-faith claim had not accrued and was premature. Section 627.4136 of the Florida Statutes requires a person seeking an action of liability against another party’s insurance company to obtain a settlement or verdict against the insured of the policy first. The trial court did not dismiss the claim against the insurer, instead choosing to abate the action until the negligence case against the driver was resolved. The insurance company appealed.